Your Excellency,
I respectfully write to express strong opposition to Executive Order No. 001 of 2025, which suspends all mining activities in Plateau State for security reasons. While I acknowledge the State Government’s concerns regarding illegal mining, insecurity, and community safety, this Order exceeds the constitutional and statutory powers of the State Government and is legally unenforceable.
1. Mining is Exclusively Regulated by the Federal Government
The 1999 Constitution of the Federal Republic of Nigeria (as amended) clearly places mining under the Exclusive Legislative List (Second Schedule, Part I, Item 39). This means:
• Only the Federal Government has the legal authority to regulate, control, and enforce mining activities across Nigeria.
• Any attempt by a state government to regulate or suspend mining activities directly contradicts the Constitution and is therefore null and void (as per Section 1(3) of the Constitution, which invalidates any law or action inconsistent with federal law).
Additionally, the Nigerian Minerals and Mining Act, 2007 (NMMA) reinforces that:
• All mineral resources belong to the Federal Government (Section 1).
• Only the Federal Ministry of Mines and Steel Development and its agencies (such as the Nigerian Mining Cadastre Office) have the power to grant or revoke mining licenses.
• State governments do not have legal authority to suspend mining operations as this is exclusively under federal jurisdiction.
Thus, Plateau State lacks the legal authority to unilaterally suspend mining operations, making Executive Order No. 001 of 2025 ultra vires (beyond the Governor’s powers).
2. Misinterpretation of Legal Provisions
The Executive Order cites Section 5(2) of the 1999 Constitution, Section 1 of the Land Use Act (2004), and Sections 116 and 117 of the Minerals and Mining Act, 2007 as its legal foundation. However, these provisions do not grant the Governor the authority to suspend mining operations:
• Section 5(2) of the Constitution only grants state executive powers within the limits of federal law. Since mining is a federal matter, the Governor’s directive is unconstitutional.
• The Land Use Act (Section 1) vests land administration in the Governor but does not grant control over mineral resources—which remain under federal jurisdiction.
• Sections 116 and 117 of the Minerals and Mining Act, 2007 only empower federal authorities to address mining-related security concerns, not state governments.
Therefore, the legal references in the Executive Order do not justify a state-wide suspension of mining activities.
3. Adverse Economic and Investment Consequences
The suspension of mining activities in Plateau State will have severe negative impacts on the economy, including:
• Job Losses: Thousands of workers, including local laborers and licensed miners, will be forced out of employment.
• Investor Uncertainty: Mining investors and companies may relocate to other states, leading to loss of revenue for both the federal and state governments.
• Illegal Mining Surge: A blanket suspension may drive more mining activities underground, increasing criminal operations rather than reducing them.
A more strategic approach—such as targeted security enforcement rather than an outright suspension—would be more effective in addressing insecurity.
4. Alternative Legal Approaches for the Plateau State Government
Rather than issuing an unconstitutional mining ban, the Plateau State Government should:
• Collaborate with the Federal Ministry of Mines and Steel Development to implement a security and monitoring framework that does not violate federal laws.
• Leverage the Land Use Act to regulate land access while respecting federal mining regulations.
• Enhance Community Development Agreements (CDA) by working with host communities and licensed mining companies to ensure local benefits.
• Strengthen law enforcement in mining areas through legal channels such as requesting special security interventions from the Federal Government.
5. Conclusion: A Call to Rescind the Order
While security concerns in mining areas are valid, Executive Order No. 001 of 2025 is unconstitutional, legally indefensible, and economically damaging. I urge the Plateau State Government to rescind this order and adopt legally compliant, collaborative solutions with the Federal Government to address the security challenges in the state.
Respectfully submitted,
By: P.L Silent Observer